Challenges
After nomination petitions and nomination papers are filed challengers can (and will) challenge their validity, attempting to knock an opponent off the ballot. Committee of Seventy can not assist in challenges, but below is relevant informaiton to get you started.
*NEW* Resources for Nominiation Petition Challenges 2010
Challenging a Candidate’s Nomination Petition or Papers (See 25 P.S. § 2936-37)
Who Can File a Challenge?
- Any registered voter who resides in the particular district in which the candidate is running, regardless of his or her party affiliation, may file objections
- Any candidate may file an objection against their opponents.
- EXCEPTION: a member of an opposing party may not challenge the nomination petition of a candidate in another party’s primary election.
When Can Someone Challenge?
- Objections must be made within seven days after the last day for filing
- This year, the last day for filing nomination petitions is March 9, 2010 and for nomination papers is August 2, 2010.
- If this seven-day period passes without objection to a petition/paper, the candidates’ filing papers are presumed valid.
Mechanics of Filing a Challenge: Grounds for Objecting:
- Objections must relate to the statutory requirements for petitions or papers; most commonly, this focuses on whether the signers were registered voters within the district, were enrolled in the proper party, signed and dated the petitions or papers themselves
- Objections must specify the defects (i.e. why signatures are invalid; insufficient number of signatures; blank petitions were circulated; individuals’ signatures appear on more petitions than allowed)
- Objections must be specific enough to give the candidate fair notice, so the candidate can prepare proof for defense.
Mechanics of Filing A Challenge: Where To File
- Objections must be filed in two places: (1) the office where the petitions or papers were originally filed, and (2) the court with jurisdiction over the matter
- Locally, objections to municipal city offices must be lodged with the County Board of Elections and the County Court of Common Pleas.
- For state offices, objections are filed with the Secretary of the Commonwealth and the Commonwealth Court in Harrisburg
If objections are not received, by mail or in person, within seven days after the last day of filing, the objection will be void.
After Filing the Challenge – What to Expect
- In all challenges, the objector has the burden of proving that a nomination petition is invalid.
- If the petition will still be sufficient after invalid signatures are stricken, the petition challenge will fail.
- The court must conduct a hearing on the objections within 10 days after the last day for filing petitions, and must rule within 15 days after the last day for filing petitions.
- Candidates and objectors must be notified of the hearing and are permitted to appear when it is conducted
- Appeals may be filed from the Court of Common Pleas to the Commonwealth Court, and from there to the Supreme Court; however, having a lower court’s decision overturned requires a very high showing of proof.
- Courts are empowered to award payment of costs of the proceedings, including witness fees, where the objections relate to material errors or defects apparent by looking at the nomination petitions/papers.
Defending a Petition Challenge
- The challenger bears the burden of proving why your petition should be invalidated.
- If the challenger fails to demonstrate why your petition is defective, then you win.
- If the challenger fails to show up to the hearing, you win.
- If the challenge to your petition is not filed with the County Board of Elections within seven days after the last day for filing, the challenge is void and you win.
- You may be represented by an attorney, or you may represent yourself.
- You can bring witnesses to the hearing to help you rebut specific challenges.